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PLANNING OFFICER REPORT AND RECOMMENDATIONS 14/01388/B Mr Lorenzo Fappiano Erection of a garden store Brookside Application No. : Applicant: Proposal: Site Address : Eairy Isle Of Man IM4 3HW Case Officer: Photo Taken : Site Visit: Expected Decision Level : Miss S E Corlett 30.12.2014 30.12.2014 Officer Delegation Officer's Report THE SITE 1,1 The site is a roughly rectangular piece of land which lies on the eastern side oftheTosaby Road to the south of the Eairy Dam. The site is 0.9ha (2.2 acres) in area. The site includes all the land in the same ownership as Brookside Cottage although the land readily associated with the dwelling appears to be that nearest the dwelling rather than the other half of the site to the south which is more unmanaged. The planning history seems to show that when the house and garage were first approved under PAs 91/00213/B and 93/01026/B the residential curtilage was only as far as but not including the former existing garage. When the later applications were submitted for the garage on its own, PAs 05/00138/B and 07/00807/B the 'red-line' area seems to have increased to include all of the land which is the subject of the current application, despite the Area Plan (The Isle of Man Planning Scheme (Development Plan) Order 1982) not designating any of the site as residential. 1.2 One historic aerial photograph seems to show an access off the highway when the alterations are now shown but no driveway or accessway into the site as is on site currently. It is therefore accepted on balance that there may well have been an access there originally, although the applications for the garage make it very clear that the access to it is from the main house not from the land to the south, 1.3 The site has two accesses, one directly serving the dwelling and detached garage and the other serving the southernmost part of the site. The latter has been recently modified and takes the form of a basic opening in the roadside boundary which was previously a low bank and trees. There is an unauthorised container and shed on the site towards the south eastern end of the site. Neither of these structures has the benefit of planning approval. 1.4 The roadside boundary is currently open without significant mounding, hedging or planting and the current structure on the site is clearly visible. THE PROPOSAL 2.1 Proposed here is the erection of a shed. The existing container and shed will be removed. The shed is intended to store machinery and equipment used in the maintenance of the site. The shed is to be 9.3m by 7m in footprint and 2.1m to the eaves and 3.2m to the apex and finished in timber with a dark coloured felted roof. Page 1 of 4 14/01388/B

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2.2 Also proposed is the construction of a small 500mm high sod hedge between the existing bridge and the proposed shed and tree planting to fill the remaining area north of the new hedge. The area to the south is to be grassed and grazed. 2.3 The shed is to be sited as close as 5m from the adjacent watercourse. PLANNING STATUS 3.1 The site lies within an area of Open Space on The Isle of Man Planning Scheme (Development Plan) Order 1982, that is, not designated for a particular purpose, As such, there is a presumption against development as set out in Environment Policy 1 and General Policy 2. There are no policies which provide for domestic structures such as garages, sheds. However, a detached garage has been built, associated with but some 44m to the south of the existing dwelling (see Planning History). 3.2 There are policies which protect water courses from inappropriate development; Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; b) details of pollution and alleviation measures must be submitted; c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species." PLANNING HISTORY 4.1 The dwelling was approved as a replacement, under PAs 91/00213/B and 93/01026/B. Permission was granted for the garage under PAs 05/00138/B and 07/00807/B, More recently planning approval was granted for patio walling and a pizza oven. Approval is currently being sought contemporaneously for the erection of gate pillars and gates to the access to the southern portion of the site under PA 14/01387/B. REPRESENTATIONS 5.1 Marown and Malew Parish Commissioners indicate that they do not object to the application (18.12.14 and 08.01.15). 5.2 DEFA Fisheries has liaised with the applicant and their final correspondence dated 19.12.14 indicates that they do not object to the application provided that there is no impact on the adjacent stream. ASSESSMENT 6.1 Whilst the proposed building will be visible, it will sit on a site which lies between residential properties and on the approach to the small settlement of The Eairy. The sister application, PA 14/01387/B proposes the introduction of gates and some walling and which will limit the view into the site. It also proposes additional landscaping along the roadside which will further screen the proposed structure. 14/01388/B Page 2 of 4

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6.2 The site is of a size which would justify a building for the storage of equipment and machinery for the maintenance of the site and could also act as stabling were there to be grazing animals on the site. The land lies on the approach to the small group of buildings around Eairy Dam and as such the visual impact of the proposed building is more limited than perhaps it may be in a more open environment. On this basis, and the fact that there are no objections to the application it is recommended that the application is approved. PARTY STATUS 7.1 The local authorities are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. 7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. 7.3 Department of Environment, Food and Agriculture is a statutory autiiority which raises material planning considerations and as such should be afforded party status under Article 6(4)(c) of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Recommendation Recommended Decision: Permitted Date of Recommendation: 13.01.2015 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. To comply with article 14 of the Town and Country Planning (Development Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C2. The shed hereby approved may only be used for storage purposes ancillary to the occupation and use of "Brookside" within the application site. Reason; to ensure that the building is used for purposes appropriate to its location. 14/01388/B Page 3 of 4

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This approval relates to all of the plans and images received on 5th December, 2014. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. ^ wllVt) Decision Made: Permitted Date Determining officer (delete as appropriate) Signed :... Chris Balmer Senior Planning Officer Signed :... Sarah Corlett Senior Planning Officer Signed :... Jennifer Chance Director of Planning and Building Control Head of Development Management Signed :... Michael Gallagher 14/01388/B Page 4 of 4